One has to start wondering exactly how strong a poker hand RIAA has in all of these thousands of law suits that it is filing against supposed music pirates. RIAA has had a fair amount of success against the operators of Peer To Peer (P2P) music web sites, but has yet to reveal itâ€™s hand in court in any suit it has filed against individuals.
RIAA seems to prefer the tactic of intimidating their victims with veiled threats about huge summary judgments being handed down, or, the supposed wrong doer can buy their way into RIAAâ€™s good graces by forking over some arbitrarily decided sum of money, the average seems to be about $3000.
One assumes that itâ€™s the standard 60/40 split with the blood sucking lawyers. This is not a bad deal, the bloodsucking bottom dweller gets another $1000 toward his new BMW for sending a threatening letter, and RIAA gets another $2000 to invest in busting more people.
Unfortunately this marriage made in hell may be unraveling just a little bit. It is becoming apparent that RIAA may not be holding all the trump cards. There have been two cases recently that they have decided to walk away from. The latest being Warner v. Stubbs. Interestingly enough both victims of the RIAA paid henchmen were represented by the same council Marilyn Barringer-Thomson.
Marilyn Barringer-Thompson seems to have adopted a very hard ball approach with RIAA, and for some reason RIAA does not actually want to stand up in court and explain their proof of wrong doing, or maybe it is their method of obtaining the proof and its reliability that does not quite meet legal scrutiny.
In this latest situation RIAAâ€™s denizens of the netherworld appear to have put thir legal â€˜foot in the mouthâ€™ in the wording of their request to drop the law suit, it leaves the door open for Tallie Stubbs of Oklahoma to not only recover all court costs, but also, if Tallie is so inclined, to counter sue! Oh I love it when the little guy gets a chance!
I think it will be interesting to see what happens in the coming weeks. If this current trend continues the BMW dealerships will be hurting this winter!